School bus driver charged with sex offenses

Man accused of molesting 4-year-old girl

Updated 10:00 pm, Tuesday, October 30, 2007

Pierce County prosecutors filed sex-crime charges Tuesday against a school bus driver accused of molesting a 4-year- old girl on his bus earlier this month.

Scott Mark Bender, 48, is accused of exposing himself to the student and touching her in a sexual manner. Bender, who is being held in Pierce County Jail, was expected to plead not guilty to the two counts of first-degree child molestation he currently faces.

Bender drew the attention of law enforcement Oct. 23, when a Peninsula School District administrator reported that a student had said the bus driver accosted her, according to court documents.

When confronted by police, Bender admitted that he'd shown the girl his penis but denied that he'd touched her genitalia or been touched by her, as the girl had told investigators.

If convicted, Bender, who has no known criminal history, would face 5 1/2 to 7 years in prison, said Mary Robnett, the deputy prosecutor handling the case.

She said prosecutors are considering whether Bender will face a "predatory offense" allegation -- an enhanced sex offense charge usually filed against teachers, counselors and others with authority over children.

"I don't think we've made a final decision, but it doesn't appear he's in a position of power in a school," Robnett said.

In place since March 2006, the predatory offense law carries a minimum 25-year sentence for those convicted of certain felony sex crimes when the enhancement is included in charges.

King County prosecutors have filed charges under the statute several times. Robnett said Pierce County authorities have filed the charges against two defendants, including Jennifer Rice, a Tacoma schoolteacher accused of molesting and kidnapping a 10-year-old student.